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By Simone Janson (More) • Last updated on October 05.04.2023, XNUMX • First published on 11.03.2016/XNUMX/XNUMX • So far 10894 readers, 5799 social media shares Likes & Reviews (5 / 5) • Read & write comments
Are you still in the Vocational Training and have received a warning from your employer? Background Don't you know how to deal with it? In this article we will show you what you absolutely have to consider.
The job market is constantly changing, and so is the Regulate and regulations at Workplace. For many employees, this is not the case at all clearas fast they expose themselves to the risk of a warning.
In Germany employers can assess the work ability of employees based on criteria such as attendance, punctuality, integrity and group ability. If these points are not met, it can Companys dismiss the employee. This is known as an “employer warning” and is a statement that the employer can use to notify the employee of a planned change.
A good example, because it is very commonplace, is the issue of punctuality, because being late is easy. The alarm clock fails again or the bus is late. There are many reasons why trainees arrive late at work. If this is the exception, it usually has no consequences. If you are regularly late, an employer can be forced to do so feelto issue a warning.
Or did you know that German employers Employees can sue if they illegally music from the Internet download? Very often one also hears from employees who use company computers for private purposes and receive a warning or even written notice of termination.
Part-time jobs are also subject to approval and are often not welcomed by employers. This is especially true when employees use the know-how from the Company want to build up a second mainstay on a part-time basis and thus create competition with his employer.
Employees who have a secondary employment relationship in addition to their main employment relationship must reckon with the possibility of receiving warnings for breach of their duties in the event of a breach of confidentiality regulations.
But even if the part-time job is not related to the industry and there is no risk that important know-how will be passed on, the employer could come to the conclusion that the trainee has the Energy for the main job is missing - and in the worst case, issue a warning if he has not previously allowed the sideline.
Because the employment contract with the employer during training is a de facto legal contract that is legally binding for both parties. Whoever commits breach of contract exposes himself as an employee, as a trainee, to legal risks .
The rights and obligations of trainees are regulated in the training contract. For example, anyone who regularly comes late or has an unauthorized part-time job is committing a breach of duty with regard to working hours. Even those who want to break off their training prematurely commits a breach of contract and that can also have legal consequences.
But what exactly is the purpose of a warning in training? With a warning, an employer can, so to speak, show trainees the “yellow card” in the event of a violation. It is both a pedagogical tool and a precursor to termination under employment law. Above all, it is a means of Communication.
The employer reminds the trainee of a rule that the employer needs to know. The employer doesn't want it in Future disputes arise. Anyone who receives a warning has behaved incorrectly. Apprentices who want to keep the training position should reconsider their course of action.
However, a warning is not intended as general communication, but in the event that there is a serious error. In practice, the employer warns the trainee about the above mistake, and at the same time exposes himself to the risk of a dispute.
It is often said that only after three warnings the denunciation threatens. However, this is not correct. This number is not legally prescribed. In the case of gross offenses such as theft, in the event of doubt, a warning is sufficient to justify an immediate termination.
Legislation gives employers the power to send warnings to employees who have made mistakes. Let me be clear: Any employer who sends you a warning has the right to do so. Nevertheless, employers should be careful when issuing warnings. If the warning contains a false accusation, it is definitely justiciable.
But no employer will use this instrument lightly: Warnings are often an unpleasant matter for employers as well. However, workers should keep in mind that companies are also under pressure as there are many risks to be aware of or they run the risk of being Success lose their business.
The question of whether employers are obliged to inform their trainees of the legal consequences of a warning and the economic disadvantages of unlawful employment is not clearly regulated in case law Behavior to explain. Good employers will in a reasonable way Conversation for sure Doing and doubting helps here: Just ask.
The fact is: Anyone who receives a warning from their employer should know what it is, what the consequences are and how to deal with them. Because a warning means that you have been noticed unpleasantly and there can be serious consequences.
A warning from the employer means that you are in danger of losing your job verlieren, because you made a mistake - and therefore a very serious matter.
You should therefore never ignore a warning from your employer. On the contrary: if the Executive If you write a warning or even notice of termination, then this is your first opportunity to avoid the most massive reaction in an initial interview.
An employer warning is a legal document that informs you that you have broken the law. The warning is usually in the form of a letter, but can also be in the form of a letter, fax or e-mail. The warning can also be sent electronically or in the form of a letter.
A warning can also be given informally. It is valid both in writing and orally. It should be noted, however, that it must be specific and promptly follow the offense. A blanket warning for frequent lateness is not correct if it is not stated exactly when someone was late.
The Chamber of Commerce and Industry Hannover (IHK) recommends that employers issue two relevant warnings before they give notice. This means that is warned because of a similar or very similar offense z. B. unexcused absence in the vocational school and at work.
There are no legal deadlines for how long a warning will endure. If trainees have not done anything wrong for a long time, a warning will become obsolete. This usually happens after one year. Thereafter, the old warning should have no further effect.
A warning is not always justified. Some employers even use the warning as a cheap means of preparing for termination without notice if they want to get rid of trainees. Trainees should I aufmerksam .
Anyone who feels they have been treated unfairly should write a counter-statement and have the employer add it to their personnel file. A copy of the letter belongs in your own documents. When in doubt, it's always a good one Ideato seek advice from a professional.
Misunderstandings can often be clarified without a lawyer. In an open conversation, conflicts can usually be resolved better Welt be accomplished as if everyone remains on a confrontational course. Probably the most important prerequisite for successfully completing an apprenticeship is that employer and trainee pull together.
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Simone Janson is publisher, Consultant and one of the 10 most important German bloggers Blogger Relevance Index. She is also head of the Institute's job pictures Yourweb, with which she donates money for sustainable projects. According to ZEIT owns her trademarked blog Best of HR – Berufebilder.de® to the most important blogs for careers, professions and the world of work. More about her im Career. All texts by Simone Janson.
Good day,
I think, especially in the training you should make an effort and behave, so it does not even come to a warning. Dioe training is finally important for the rest of your life.
Thank you
Dear Katjana,
Thanks for the comment. Of course you are right to make an effort is the ideal case. Only people are not perfect ;-)
Hallo,
I got an oral warning, because I exchanged with a colleague the layer. the boss does not leave with itself, what can I now mahcen ??? is oral as well as a written warning ??
Hello Tally, we can unfortunately in individual cases no legal advice.
Try addressing an employment law attorney directly - for example on pages like 123 Law.
Sorry.
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